I Interplay Between FMLA, STATE/LOCAL LEAVE LAWS & EMPLOYER PAID TIME OFF THE DOL’S RECENT GUIDANCE BY DEBRA A. MASTRIAN, AMUNDSEN DAVIS LLC In a Jan. 14, 2025, opinion letter, the Wage and Hour Division of the U.S. Department of Labor clarified some thorny questions regarding the interplay between the Family Medical Leave Act and state or local mandated or provided family and medical leave laws. Specifically, the DOL addressed whether an employer can require an employee to substitute their accrued paid time off (vacation and/or sick time) when both the FMLA and state/local family and medical leave laws are in play. FMLA The FMLA is a federal law that covers employers with 50 or more employees for at least 20 workweeks in the current or preceding calendar year. Employees may be eligible to take up to 12 workweeks of unpaid job-protected leave in a 12-month period for certain qualifying reasons1 if they: ▶ Have worked for the employer for at least 12 months; ▶ Have worked at least 1,250 hours during the prior 12 months (as of the date the requested leave is to begin); and ▶ Work at a location where the employer has 50 or more employees within a 75-mile radius. The FMLA requires only unpaid leave; however, an employer may require employees (or employees may elect) to substitute accrued paid time for their unpaid FMLA leave. In other words, employers may require (or employees may choose) that the accrued paid time off runs concurrently with the unpaid FMLA leave. State and Local Leave Laws Some states and the District of Columbia have enacted state paid family and medical leave programs, including California, Colorado, Connecticut, Delaware, Maryland, Massachusetts, Minnesota, New Jersey, Oregon, Rhode Island and Washington. These laws differ as to the amount of leave and qualifying events but generally provide a covered employee with a percentage of their regular income during their leave. Other states have enacted paid sick leave or other paid time off laws. For example, Illinois enacted a Paid Leave for All Workers Act, which allows employees to earn up to 40 hours of paid leave each year to use for any reason. Some municipalities have also enacted sick leave laws. Over 20 cities and counties in other states (mostly in California) have mandatory paid sick leave laws. For example, Chicago has a Paid Leave and Paid Sick and Safe Leave ordinance that covers any employee in Chicago who works at least 80 hours for an employer in any 120-day period. Indiana does not currently have any mandatory paid leave law; however, if an Indiana business has operations or locations in another state, they are subject to the laws of those jurisdictions. Also, if an Indiana business has employees who HUMAN RESOURCES 14 HOOSIERBANKER
RkJQdWJsaXNoZXIy MTg3NDExNQ==